Illinois has opted out of the federal exemptions for residents.
“[R]esidents of this State shall be prohibited from using the
federal exemptions provided in Section 522(d) of the
Bankruptcy Code of 1978 (11 U.S.C. 522(d)), except as may
otherwise be permitted under the laws of Illinois.” 735 I.L.C.S.
5/12-1201.
In re George, 440 B.R. 164 (Bankr.E.D.Wis.2010).
Therefore, nonresident debtors are eligible for the federal
exemptions because the opt-out does not apply to them.
In re
Chandler
, 362 B.R 723 (Bankr.N.D.W.Va.2007) (because
Georgia had not opted out for nonresidents, debtor was
eligible for federal exemptions);
In re Battle, 366 B.R. 635
(Bankr.W.D.Tex.2006) (Florida’s opt-out, which was limited to
residents, did not bar debtor from claiming federal
exemptions); In re Underwood, 342 B.R. 358 (Bankr.N.D.Fla.
2006) (because debtor was not a resident of Colorado on date
of filing and Colorado’s opt-out was limited to residents, debtor
was eligible for federal exemptions); In re Schulz, 101 B.R. 301
(Bankr.N.D.Fla.1989) (because debtor was not resident of
Florida on date of filing and Florida’s opt-out was limited to
residents, debtor was entitled to federal exemptions); In re
Volk, 26 B.R. 457 (Bankr.D.S.D.1983) (debtors were eligible
for federal exemptions because South Dakota’s opt-out was
limited to residents); In re Walley, 9 B.R. 55 (Bankr.S.D.Ala.
1981) (because Alabama’s opt-out was limited to residents and
debtor was not a resident of Alabama on date of filing, debtor
could use the federal exemptions).